219 results for 'filedAt:"2024-02-28"'.
J. Jolivette Brown grants a request by an insurance company, dismissing a homeowner’s contract claims arising from her hurricane-related property damages. The policy was issued to the mortage lender. The homeowner, as mortgagor, has not established she is entitled to any benefits from the policy. She unsuccessfully argues the remaining balance on the mortgage is $695,000 and, because the policy limit of $1 million exceeds the mortgage balance by $387,000, the lower, remaining amount is intended to benefit her. The policy does not contain a provision stating that any excess payment would be given to the mortgagor.
Court: USDC Eastern District of Louisiana , Judge: Jolivette Brown, Filed On: February 28, 2024, Case #: 2:23cv6691, NOS: Insurance - Contract, Categories: Insurance, Fiduciary Duty, Contract
J. Papillion grants summary judgment to a children’s hospital, dismissing an employee’s Title VII religious discrimination complaint arising from her nine-day suspension for failing to get a Covid-19 vaccination. Her suspension was lifted and accommodations were made after the last of her four affidavits articulated a bona fide religious belief that conflicted with the hospital’s vaccine requirement. The first three sworn statements included largely disjointed legal maxims, bible verses and portions of the Nuremberg Code on human experiments. The successful fourth affidavit finally stated the employee believes she is “a creation of the one true Creator Almighty,” and that “the body is the temple of the Holy Spirit and as such should not be used for medical experimentation.”
Court: USDC Eastern District of Louisiana , Judge: Papillion, Filed On: February 28, 2024, Case #: 2:22cv4757, NOS: Employment - Civil Rights, Categories: Evidence, Health Care, Covid-19
J. Gremillion finds that the trial court improperly granted summary judgment as to design defect and other claims in a customer's suit over injuries suffered at an amusement park that occurred when he landed head-first while exiting a slide. There are genuine issues of fact as to whether a deviation from the slide template caused the customer's injuries. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Gremillion, Filed On: February 28, 2024, Case #: CA-23-446, Categories: Evidence, Negligence, Product Liability
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J. O'Connor denies, in part, a bank's motion to dismiss the couple's quiet title action in a property dispute. The couple plausibly alleges the bank has no claim to the property based, in part, on their possession of the property beyond the five-year possession period.
Court: USDC Northern District of Texas , Judge: O'Connor, Filed On: February 28, 2024, Case #: 4:24cv85, NOS: All Other Real Property - Real Property, Categories: Property, Banking / Lending
J. Lindsey finds the trial court properly entered a final judgment convicting defendant of violating a domestic violence injunction and sentencing him to 12 months' probation. The trial court did not err in admitting evidence of a window defendant broke on a car that was in his ex-girlfriend's name, which he had been driving on the day in question but the keys for which had been returned to the girlfriend by police, as it established context of the charged violation of the domestic violence injunction and not an uncharged crime as defendant argues. Affirmed.
Court: Florida Courts Of Appeal, Judge: Lindsey, Filed On: February 28, 2024, Case #: 22-1593, Categories: Evidence, Domestic Violence
J. Gordo finds the trial court partially erred in its orders granting the father's motion to dismiss the mother's petition to modify parental responsibility and time sharing and denying the mother's motion for attorney fees. The order granting the father's motion to dismiss is affirmed without discussion, but the attorney fees order is reversed because the trial court did not make any findings regarding the parties' respective abilities to pay. The case is remanded for further proceedings. Affirmed in part.
Court: Florida Courts Of Appeal, Judge: Gordo, Filed On: February 28, 2024, Case #: 22-1938, Categories: Family Law
J. Emas finds the trial court improperly denied defendant's motion for final discharge of three misdemeanor traffic offenses she faced for driving under the influence and driving under the influence causing property damage, which she moved for on speedy-trial grounds. The defendant's filing for writ of prohibition did not effectively delay her trial even if it could be considered an "appeal" under Florida rules of criminal procedure, so it did not trigger the 90-day speedy trial period. Defendant's petition for writ of prohibition is granted, and the case is remanded for the trial court to enter an order of final discharge of the misdemeanor offenses.
Court: Florida Courts Of Appeal, Judge: Emas, Filed On: February 28, 2024, Case #: 23-1702, Categories: Criminal Procedure, Dui, Vehicle
J. Ortega finds the trial court erred in admitting the state’s proffered evidence regarding defendant’s gang affiliation. State “failed to meet its burden to establish that it was offering a theory of relevance for the evidence that does not depend on propensity reasoning.” Reversed.
Court: Oregon Court of Appeals, Judge: Ortega, Filed On: February 28, 2024, Case #: A174188, Categories: Evidence, Firearms, Assault
J. Aoyagi finds trial court properly dismissed complaints as time-barred. The court “correctly construed HB 4212 as extending the statutes of limitations through December 31, 2021, and consequently did not err in dismissing the complaints.” Affirmed.
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: February 28, 2024, Case #: A179835, Categories: Negligence, Covid-19
J. Joyce finds the trial court properly ruled that videos of events underlying defendant’s conviction were properly authenticated by a witness who “testified that he was at the protests and close to defendant’s truck, the subject of each of the three videos, and he saw it move as depicted in the videos.” Affirmed.
Court: Oregon Court of Appeals, Judge: Joyce, Filed On: February 28, 2024, Case #: A179510, Categories: Evidence
Per curiam, the Fourth Circuit upholds the revocation of defendant’s supervised release and his sentence to 35 months’ imprisonment after he was found possessing, with intent to sell or distribute, marijuana. The evidence did not rely on mere hearsay. Affirmed.
Court: 4th Circuit, Judge: Per curiam, Filed On: February 28, 2024, Case #: 22-4596, Categories: Drug Offender, Sentencing
J. Newsom finds that the lower court improperly ruled in favor of defendant police officers on wrongful death claims brought by a woman whose son died following an interaction with police. The evidence indicates that reasonable individuals could determine that the officers' tases and kicks caused the son's death.
Court: 11th Circuit, Judge: Newsom, Filed On: February 28, 2024, Case #: 22-11675, Categories: Wrongful Death
J. Emas finds the trial court partially erred in granting summary judgment to the security firm in the lawsuit from the insurance companies over unpaid premiums. Although the affidavit, invoices and other evidence the firm introduced met its evidentiary burden as to the insurance companies' counts of open account and account stated, the firm's failure to attach the underlying insurance policies means it did not meet its burden as to the companies' breach of contract count, so the trial court's order is reversed as to that count and the case is remanded for more proceedings. Affirmed in part.
Court: Florida Courts Of Appeal, Judge: Emas, Filed On: February 28, 2024, Case #: 23-0594, Categories: Insurance, Contract
J. Christen finds that the district court improperly entered conviction for conspiring to possess a destructive device in furtherance of a crime of violence and aiding and abetting the same. The conviction could not stand under precedent of the Supreme Court in USA v. Davis. However, defendant was properly convicted for conspiring to use a weapon of mass destruction. The matter involves a Syrian national's involvement in a conspiracy that targeted U.S. military personnel and property in Iraq. Affirmed in part.
Court: 9th Circuit, Judge: Christen , Filed On: February 28, 2024, Case #: 18-10435, Categories: Conspiracy, Terrorism
J. Aoyagi finds the trial court properly sentenced defendant, convicted of a total of nine sex crimes against two children. “Defendant committed the acts when he was 16 years old but he was not charged until he was an adult…[and] he went directly into adult court, rather than being waived into adult court.” Affirmed.
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: February 28, 2024, Case #: A178968, Categories: Sentencing, Sex Offender, Child Victims
J. Aoyagi finds the trial court properly dismissed complaints. The court “correctly construed HB 4212 as extending the statutes of limitations through December 31, 2021, and consequently did not err in dismissing the complaints.” Affirmed.
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: February 28, 2024, Case #: A179835, Categories: Negligence, Covid-19
J. Aoyagi finds the juvenile court erred in asserting dependency jurisdiction over a father’s two children. “DHS failed to prove that the requirements for dependency jurisdiction were met.” Reversed.
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: February 28, 2024, Case #: A180870, Categories: Family Law
J. Joyce finds the trial court properly denied defendant’s demurrer, in which he argued that the indictment was deficient because it did not name the victim of the crime alleged. “The identity of the victim is not an essential element of the crime.” Affirmed.
Court: Oregon Court of Appeals, Judge: Joyce, Filed On: February 28, 2024, Case #: A178481, Categories: Weapons
J. Quattlebaum upholds the dismissal of two parents’ claims challenging the constitutionality of their county school board’s election process for choosing a high school student-member of the board. It does not violate the free exercise of religion because the county does not allow any sort of private school, religious or nonreligious, to participate in selecting the student member. It does not violate the equal protection clause because the process does not need to conform to the principle of “one person, one vote,” as prospective student members do not participate in a popular election but instead are appointed for what is essentially a civics laboratory. Affirmed.
Court: 4th Circuit, Judge: Quattlebaum, Filed On: February 28, 2024, Case #: 22-2294, Categories: Education, Elections, Equal Protection
J. Heytens upholds the lower court’s finding that the Maryland company that rented nine people a pontoon is not liable for their injuries in a boating accident when the boat motor failed, resulting in a collision with a bridge that capsized the vessel. The boaters couldn’t show how the accident resulted from the renter’s own negligence. Affirmed.
Court: 4th Circuit, Judge: Heytens, Filed On: February 28, 2024, Case #: 23-1312, Categories: Negligence
J. Agee finds that the district court should not have granted habeas relief to defendant, who said his guilty plea was not knowing and voluntary because he was not briefed on the nature and elements of the offenses he was charged with. The state court disagreed with him, and the federal district court should not have overridden the state court’s judgment, as a “highly deferential” standard was required. Reversed.
Court: 4th Circuit, Judge: Agee, Filed On: February 28, 2024, Case #: 23-6179, Categories: Habeas, Plea
J. McFadden finds that the trial court improperly ruled in favor of the trustees on the buyers' breach of contract claim in an action seeking specific performance of an option agreement to buy the trustees' property. The trial court incorrectly found that the option agreement was unenforceable for lack of consideration based on the buyers' failure to pay a $1,000 consideration. The agreement was enforceable and required the trustees to sell the property to the buyers upon timely exercise of the option. Reversed in part.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: February 28, 2024, Case #: A23A1586, Categories: Contract
J. Cho awards the prevailing litigant in a civil rights action $268,547 in attorney fees and $5,282 in costs after jury found in favor of a Rikers Island inmate who says he was assaulted by two corrections officers, awarding him $1.5 million in damages. The court reduces his counsel’s requested hourly rate of $550 to a more reasonable $450 per hour.
Court: USDC Eastern District of New York, Judge: Cho, Filed On: February 28, 2024, Case #: 1:17cv6349, NOS: Other Civil Rights - Civil Rights, Categories: Tort, Attorney Fees, Prisoners' Rights